_____________________________________________________________________________

受托人的意见
_____________________________________________________________________________

在再保险

原告: 养老金领取者
被申请人: 雇主
ROD案例编号: 88-391 - 1991年7月16日

董事会:Joseph P. 康纳斯,老., Chairman; Paul R. 院长,受托人;
William Miller, Trustee; Donald E. 皮尔斯,小., Trustee; Thomas H. Saggau,受托人.

Pursuant to Article IX of the United Mine Workers of America (“UMWA”) 1950 Benefit Plan and Trust, and under the authority of an exemption granted by the United States Department of Labor, the Trustees have reviewed the facts and circumstances of this dispute concerning the provision of health benefits coverage for a 养老金领取者 根据雇主福利计划的条款.

背景事实

The Complainant’s last classified signatory employment in the coal industry was with 被申请人 from November 28, 1989年至3月23日, 1990. 8月29日, 1990, the Complainant was awarded a 1974年退休金计划 Age 55 retirement pension, 5月1日生效, 1990. The Complainant was advised by letter to contact his last signatory employer, 被申请人, regarding his eligibility for health benefits coverage as a 养老金领取者. 被告获得了该信函的副本.

据投诉人称, 被申请人 has refused to provide his health benefits coverage because he was employed by 被申请人 for only a short period of time. 也, 被申请人 claims that the Complainant’s previous signatory 雇主 should be responsible for providing his health benefits coverage.

争端

Whether 被申请人 is responsible for providing health benefits coverage for the Complainant as a 养老金领取者.

双方立场

Position of the 原告: The Respondent is responsible for providing health benefits coverage for the Complainant as a 养老金领取者.

Position of 被申请人: The Respondent has not replied to repeated correspondence from Funds’ staff requesting its position in this dispute.

相关的规定

Article XX Section (c)(3)(i) of the National Bituminous Coal Wage Agreement of 1988 provides in pertinent part:

(3)(i) Each signatory 雇主 shall establish and maintain an Employee benefit plan to provide, 通过保险公司实施, health and other non-pension benefits for its Employees covered by this Agreement as well as pensioners, 1974年养恤金计划和信托皇冠搏彩中心网站, 谁的最后一个签署人曾受雇于该雇主. The benefits provided by the 雇主 to its eligible Participants pursuant to such plans shall be guaranteed during the term of this Agreement by that 雇主 at levels set forth in such plans…. The plans established pursuant to this subsection are incorporated by reference and made a part of this Agreement, and the terms and conditions under which the health and other non-pension benefits will be provided under such plans are as to be set forth in such plans.

雇主福利计划第I(1)、(2)和(5)条规定:

第一条-定义

下列术语具有本协议规定的含义:

(1) “雇主”指(雇主名称).

(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1988, 如不时修订及任何后续协议.

(5) “养老金领取者”系指领取养老金的任何人, other than (I) a deferred vested pension based on less than 20 years of credited service, or (ii) a pension based in whole or in part on years of service credited under the terms of Article II G of the 1974 Pension Plan, 或其任何继承者的任何相应段落, 根据1974年退休金计划(或其任何后续计划), 谁的最后一次机密签署工作是在雇主处, 以本计划第二条B款的规定为准.

第二条乙. (1)雇主福利计划规定:

第二条-资格

The persons eligible to receive the health benefits pursuant to Article III are as follows:

B. 养老金领取者

Health benefits and life insurance under Article III hereof shall be provided to 养老金领取者 as follows:
(1) Any 养老金领取者 who is not again employed in classified signatory employment subsequent to

(a) such 养老金领取者’s initial date of retirement under the 1974 Pension Plan, and

(b) 2月1日, 1988, 都有资格作为养老金领取者享受以下的保险, 并受本计划所有其他条款的约束. Notwithstanding (i) and (ii) of the definition of 养老金领取者 in Article I (5) of this Plan, any such 养老金领取者 who was eligible for benefits under the 1974 Benefit Plan as a 养老金领取者 on December 5, 1977, shall be eligible for such benefits subject to all other provisions of this Plan.

讨论

Article XX Section (c)(3)(i) of the National Bituminous Coal Wage Agreement requires a signatory 雇主 to establish and maintain an 雇主 Benefit Plan to provide health and other non-pension benefits for 养老金领取者 谁的最后一个签署人曾受雇于该雇主. 第二条乙. of the 雇主 Benefit Plan establishes that an individual who is receiving a pension under the 1974 Pension Plan, other than a deferred vested pension based on less than 20 years of credited service or a pension based in whole or in part on years of service credited under Article II G. of the 1974 Plan, is eligible for health benefits coverage under the 雇主 Benefit Plan.

Funds’ records show that the Complainant’s last signatory classified employment was with 被申请人 on March 23, 1990. The Trustees have previously determined in RODs 81-652 and 84-443 (copies enclosed herein) that, 根据雇主福利计划的条款, an 雇主’s obligation to provide benefits for its 养老金领取者 is not contingent upon any minimum length of service requirements. Inasmuch as the Complainant was awarded a 1974年退休金计划 Age 55 retirement pension 5月1日生效, 1990, 投诉人符合第II条B款的资格要求. (1) and is entitled to health benefits coverage from his last signatory 雇主, 被申请人.

受托人的意见

The Respondent is responsible for providing health benefits coverage for the Complainant as a 养老金领取者, 5月1日生效, 1990, 符合雇主福利计划的条款.